So, when your artistic work is capable of being registered as design, then it cannot be registered as copyright, in case certain design protocols on it have already been applied! And when the artistic work is to be registered as copyright, the work which is also registered or is capable of being registered or used as a trademark, then you would require NOC from the trademark. Herein the dilemma originates, on which I had also written couple of blogs long back. Also, a trademark cannot be registered if it is protected by copyright.
The problem comes, once the trademark is not used, or is not renewed, it is bound to go to someone else, in case this other entity applies! Just alike the domain names, albeit which is done on the first come first serve basis, but, so goes for the trademarks! Thus, once in case of the trademark, when it’s ceased to be used as a trademark, or, ceased to be registered as trademark; then, can the timeline of copyright prevail in such circumstances, as the registration of trademark too is prima facie evidence of validity!
Now, you’ve a timeline that goes upto the period of Life + 60 years! And then, you’ve a timeline, that doesn’t extend beyond 10 Years, in case trademark is not renewed!
Albeit this is also true that everything is prima facie, except in the case of Patents, and, Copyrights! Thus, even if the registration rights are gone, then also, the proprietorship rights remain. But that is not in the case of domain names, or is it? I’ve already stated that the domain names are being misused as hoarding of essentials, which when in need by someone else, is sold for an excessive amount!
Thus, if you’ve a timeline of the trademark, but that expires with respect to the registration, then can you invoke the timeline of the copyright, irrespective of whether you’re using or not? The registration of trademark is prima facie! The registration of copyright is non-mandatory, yet, is required if you want to invoke the BERNE as that establishes the evidence of validity! And so goes for the trademark as well if in case of invoking the infringement clause.
Now, even if you’ve the NOC from the trademark, and thus acquire the registration rights in copyrights, and after a certain period, you stop using the trademark label, but now you hold the registration of the copyrights, then, the question ensues: can you invoke the rights acquired by the copyrights even after ceasing of the use of the trademarks? If not, then should you be required to relinquish the rights acquired vide copyrights as well, if in case, you cease to hold the trademark rights acquired via trademark registration; like in case of the non-use, you implicitly relinquish your trademark rights, even via rectifications etc.! But, that is absent in the case of copyrights! Correct?
This is confounding! And no justification can rectify or explain this part! You’ve two different timelines; two different aspects! YET, both coincide! Dilemma! 😊
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